SCHWEGMANN BANK & TRUST CO. v. FALKENBERG

No. 90-4580.

931 F.2d 1081 (1991)

SCHWEGMANN BANK & TRUST CO. OF JEFFERSON, Plaintiff-Appellee, v. Elva S. FALKENBERG, et al., Defendants, Charles B. Caldwell, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 28, 1991.


Attorney(s) appearing for the Case

Wayne Swift, Robert J. White, Dallas, Tex., for defendant-appellant.

James R. Madison, Jeffrey W. Weiss, Wiener, Weiss, Madison & Howell, Shreveport, La., for plaintiff-appellee.

Before RUBIN, POLITZ, and DUHÉ, Circuit Judges.


DUHÉ, Circuit Judge.

Pursuant to Louisiana's version of the Uniform Commercial Code, a bank sued for collection on several investor notes, and the district court granted the bank's motion for summary judgment. One of the defendants, Charles B. Caldwell, Jr., now claims that he raised a triable issue of fact on whether his note was negotiable and whether the bank was entitled to holder in due course rights under the shelter rule. We affirm.

Schwegmann...

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